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Name: U.S. v. Jackson
Court: US Court of Appeals
District 9 Cir
Opinion Date: 10/12/2000
Subsequent History: None

The court struck a sentencing order of the district court requiring the defendant to “cash out” his Employee Retirement Security Act (“ERISA”) pension so that he could make full restitution in a case in which he admitted embezzling money from a labor union. However, under 29 U.S.C. sec. 1056(d)(1), ERISA benefits may not be ordered assigned except in cases where the offense involved an ERISA pension. As an ERISA pension was not the subject of the embezzlement here, the court could not order a “cash out.”